Counter to HMOP

All the exhibits are to be filed along with your affidavit filed in lieu of your evidence and mark it as exhibits.  To prove  that you have spent money on nutirition and others, you  can ask the court produce your son as one of your witness, if your son says that you have given all nutritions and dress and others, you can prove it.

1.  In the HMOP case, you are filing counter affidavit, you can place the documents marking them as exhibits and if the other party has got doubt, with the permission of the court can cross examine you, as the documents are supported by affidavit.  If any fresh documents are filed along with the written arguments, the court cannot rely on them as they are not exhibited and the opposite party has been put in surprise and is not given opportunity to explain about these documents.

2&3 The bank personnel can be summoned to bring the relevant documents (bank account record) to prove the income of your wife. (I doubt about its relevance because the income pertains to 1998-2002 and your divorce case started from 2006).

3.  Generally court will not permit the child's testimony in your case because  a child can be tutored very easily and the fact wants to be proved through child is not very vital to decide the case.  If you exhibited the document properly, the court will draw general inference that the articles in the bill (if they belong to child) were purchased for the benefit of the child.

Thank you very much for your prompt response.  One more clarification please.

I knew she was having two savings bank accounts at the time of our marriage (Feb 2004), both are joint  accounts; one with her mother and another with her elder brother.  However, I have no idea about the Bank or the branch.  Assuming that she maintain those accounts till date or say till Feb 2004, will the court consider joint SB accounts as a proof of her income.  If yes, how can I find out her savings bank account details and use it at this written arguments stage?

If it is the case of custodyof child, the facts you want to prove will not be so relevant because the welfare of the child is paramount interest.  If the court comes to a definite conclusion that both mother and father have sufficient financial capacity to provide the proper life style to the child, then the amount in bank account cannot waver the court.

For some other purpose, if you want to find out the joint accounts of your wife, then you have to engage a private detective to find out in which banks these accounts are operated.  Once that is known, then you can summon the bank officials with record through court procedure.  For proving that the entire contribution in the joint account is from your wife's side and not from other account holder, you have to prove by calling him in witness box that he / she (the other account holder) does not have earning capacity.